By Dan Russell
Written by means of a training Aboriginal attorney, this publication argues that Aboriginal self-government in Canada might most sensible be accomplished through a constitutional modification, no longer via treaties, as has been the preoccupation of provincial governments on the grounds that 1982.
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Additional info for A People’s Dream: Aboriginal Self-Government in Canada
The purchases were made on a Navajo reservation. The court reaffirmed the holdings in Worcester by declaring that state courts have no civil law jurisdiction on an Indian reservation. The court restated this in a unique way. According to Justice Black for the majority, Over the years this Court has modified these principles in cases where essential tribal relations were not involved and where the rights of Indians would not be jeopardized, but the basic policy of Worcester has remained. 55 Although the court in Williams v.
This question still troubles tribal leaders (I will comment on this issue later in the chapter). 19 This act recognized exclusive jurisdiction in the federal authorities over seven of the most serious criminal offences: murder, arson, burglary, rape, manslaughter, assault with intent to kill, and larceny. 20 The passage of this act was a direct response to the decision in Ex parte Crow Dog and was designed to limit21 the criminal law jurisdiction of the tribe. 23 Although the Major Crimes Act dealt a significant blow to tribal sovereignty, much criminal law authority is retained by the tribes today.
Just next door, in the State of New Mexico, reside the Pueblo people, cultural cousins of the Hopi. The nineteen Pueblo reservations are loosely bound together by a Pueblo council. However, each reservation has its own independent government and its own unique laws. For example, the government on the Laguna reservation governs six communities and farming lands within its 412,000 acres. The Laguna tribal code authorizes the local courts to enforce Laguna tribal ordinances and traditional laws. 93 Appeals from the Laguna trial court are to the Laguna Court of Appeal.
A People’s Dream: Aboriginal Self-Government in Canada by Dan Russell